Wilson’s trial is scheduled to start Tuesday, and Wilson complained at the final pretrial hearing Thursday that prosecutors and police have failed to provide him with all the evidence, as required.

But assistant Macomb prosecutor Betsy Mellos told the judge she and Warren police are doing the best they can to provide “discovery” evidence to the defense and have provided all the evidence that is typically handed over in every other criminal case. Some of the documents that Wilson requested include “work product” such as Mellos’ scribblings and a police officer’s notes that turned into his formal report.

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But Wilson did not receive a box of evidence and a DVD from police, and DVDs of several witness interviews were purged under the cops’ care since Wilson’s first trial in late 2009.

Wilson wanted to return to court Friday to accept the information, but Switalski told him he could receive it on the trial date and review it during breaks for jury selection and the prosecution’s case. Wilson is currently staying at the Macomb Correctional Facility, a state prison in nearby Lenox Township.

Wilson’s first conviction was overturned by the state Court of Appeals because Switalski should have given him a better chance to represent himself. The judge failed to query him sufficiently, the COA said. Wilson was represented by court-appointed attorney Azhar Sheikh.

A jury convicted him felony murder and five other charges.

Wilson shot Kenyetta Williams, 32, three times May 26, 2009, at Horton’s home at Roman Gardens condominiums at 12 Mile and Dequindre roads, in a jealous rage over Williams dating Wilson’s on-again off-again girlfriend, Katherine Horton, the mother of his child. Horton met Florida-resident Williams less than two weeks before over the internet site, crushorflush.com, and he had been staying at the house where Wilson sometimes resided.

Wilson was convicted of two counts of false imprisonment for binding Horton’s two teenage daughters with duct tape as he waited for Horton and Williams to arrive and of assault for pistol-whipping Horton before killing Williams.

Wilson’s advisory defense attorney, Timothy Barkovic, for his second trial said Wilson is doing a good job in his defense.

“He doesn’t miss a beat as an advocate for himself,” Barkovic said. “He addresses every issue.”

Barkovic is more upset that Wilson was given only a couple of days to respond to Mellos’ appeal of Switalski last week tossing out the felony murder charge against Wilson.

The appeals court ordered Wilson to respond by 5 p.m. Friday.

“This violates his due process because he doesn’t have a chance to respond,” Barkovic said Friday afternoon, adding he was unsure whether a response would be filed.

Switalski dismissed the charge because Wilson was acquitted by the jury of the underlying felony, home invasion, at the trial. The jury made the curious decision to still convict him of felony murder, punishable by life in prison without parole, without a felony conviction to attach to the murder.

So Wilson remains charged only with second-degree murder, punishable by any number of years up to life, as well as the lesser offenses.

Barkovic acknowledged that just because Wilson allegedly took the life of another person doesn’t mean he relinquishes his Constitutional rights and should be subjected to “street justice.”

“This is one-sided, railroad justice,” he said. “My guy’s fighting for his life. This is not the type of justice you expect in this society.”

About the Author

My beat is the courts of Macomb County and general assignment.
Read more of Jameson Cook's court coverage on his blog http://courthousedish.blogspot.com/ Reach the author at jamie.cook@macombdaily.com
or follow Jameson on Twitter: @jamesoncook.